Hardback
Research Handbook on the Politics of Constitutional Law
This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
More Information
Critical Acclaim
Contributors
Contents
More Information
Constitutional law is a ‘semi-autonomous’ discipline, where texts and doctrines are completely and complexly intertwined with the political systems within which constitutional law is found. This timely Research Handbook develops the idea that understanding constitutional law means understanding constitutional politics as well.
Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around ‘foundations’, ‘structures’, ‘rights’ and ‘futures’, providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it.
Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around ‘foundations’, ‘structures’, ‘rights’ and ‘futures’, providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it.
Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Critical Acclaim
‘The separation of law and politics, long a staple of both popular and jurisprudential commentary, has for some time been exposed as a potentially harmful fiction that often obscures the essence of the legal process. Rarely, however, has this essence been so comprehensively explored, and with such breadth of coverage, as it is in this splendid volume. Tushnet and Kochenov have masterfully curated this vitally needed collection, dispelling any remaining argument for the idea that there is something oxymoronic in the practice of constitutional politics. In so doing, they have provided a compendium of groundbreaking work that will open multiple pathways for further scholarly investigation.’
– Gary Jacobsohn, University of Texas at Austin, US
‘The law-politics distinction is at once fluid, hard to define and yet crucial to our understanding of constitutional law. This Research Handbook brings together a dazzling array of constitutional thinkers to explore this distinction and in doing so offers valuable insights about constitutional law and politics in a range of jurisdictions world wide. Methodologically and thematically eclectic in scope, it promises to be an essential reference for constitutional lawyers, political scientists and theorists for many years to come.’
– Rosalind Dixon, University of New South Wales, Australia
– Gary Jacobsohn, University of Texas at Austin, US
‘The law-politics distinction is at once fluid, hard to define and yet crucial to our understanding of constitutional law. This Research Handbook brings together a dazzling array of constitutional thinkers to explore this distinction and in doing so offers valuable insights about constitutional law and politics in a range of jurisdictions world wide. Methodologically and thematically eclectic in scope, it promises to be an essential reference for constitutional lawyers, political scientists and theorists for many years to come.’
– Rosalind Dixon, University of New South Wales, Australia
Contributors
Contributors include: Dariusz Adamski, Petra Bárd, Elena Basheska, Mariam Begadze, Violeta Beširević, Paul Blokker, Benjamin Broman, Bojan Bugarič, Adam Chilton, Nóra Chronowski, Paul Craig, Zoltán Fleck, Sarah Ganty, Roberto Gargarella, Aleksandra Gliszczyńska-Grabias, Juan F. González Bertomeu, Tamás Győrfi, Benedikt C. Harzl, Matthew R. Hassall, Margot Horspool, Dimitry V. Kochenov, David Kosař, Martin Krygier, David Law, Peter L. Lindseth, Anna Lukina, Audrey Macklin, Tokujin Matsudaira, Aistė Mickonytė, Julie Novkov, Zoran Oklopčić, Victor V. Ramraj, Aziz F. Rana, Christopher Ritter, Suryapratim Roy, András Sajó, Rahul Sambaraju, Kamala Sankaran, Katarína Šipulová, Franita Tolson, Ioanna Tourkochoriti, Alina Tryfonidou, Mark Tushnet, Georg Vanberg, Jacquelyn D. Veraldi, Mila Versteeg
Contents
Contents:
1 Introduction to the Research Handbook on the Politics of Constitutional Law 1
Mark Tushnet and Dimitry Kochenov
PART I FOUNDATIONS
2 The ideal of the rule of law and private power 14
Martin Krygier
3 The politics of legal ideology 30
Julie Novkov
4 Constitutionalism and behavioural concepts 46
Dariusz Adamski
5 Emotions in constitutional law 70
András Sajó
6 Popular sovereignty, constitutional democracy and the mental construal
of political representations 88
Zoran Oklopčić
7 Liminal rights: sovereignty, constitutions and borders 105
Audrey Macklin
8 Unrecognised entities: politics of constitutionalism at the fringes 128
Aistė Mickonytė and Benedikt C. Harzl
9 The politics of constitution making 143
Mark Tushnet
10 The constitutional politics of emergency powers 163
Victor V. Ramraj
11 Japan: a case against the amendment politics? 176
Tokujin Matsudaira
12 The politics of constitutional interpretation 199
Tamas Györfi
PART II STRUCTURES
13 The gradual creation of a Leviathan: Latin America’s main
constitutional failure 215
Roberto Gargarella
14 Constitutional politics of federalism in Latin America 228
Juan F. González Bertomeu
15 The rise and protection of judicial independence 246
Georg Vanberg, Benjamin Broman and Christopher Ritter
16 Politics of judicial governance 262
David Kosař and Katar’na Šipulová
17 The politics of judicial dialogue 286
David Law and Mark Tushnet
18 Republicanism redefined: the constitutional status of political parties
after the ratification of the twelfth amendment 310
Franita Tolson
19 Transatlantic ‘administrative constitutionalism’: New Deal models and
supranational governance in Europe Since the 1950s 329
Peter L. Lindseth
20 The politics of the constitutionalisation of corporate power in Europe 350
Jacquelyn D. Veraldi and Matthew R. Hassall
21 Advocates general and the court of justice: the early years 377
Margot Horspool
22 The neo-liberal bias of the EU constitutional order: a critical analysis 386
Bojan Bugaric
23 The politics of the constitutionalisation of international law: The United
Nations sovereign (in)equality of states, good neighbourliness and use of force 410
Elena Basheska
PART III RIGHTS
24 The politics of constitutional rights 432
Adam Chilton and Mila Versteeg
25 Pretext as a legal matter 453
Mariam Begadze
26 The constitutional politics of religion 467
Ioanna Tourkochoriti
27 The constitutional politics of merit 483
Sarah Ganty
28 Minorities: a view from South Asia 514
Kamala Sankaran
29 The politics of sexual identity and the emerging constitutional battles in Europe 533
Alina Tryfonidou
30 Abstract citizenship in the age of concrete human rights 551
Dimitry Kochenov
PART IV FUTURES
31 The cold war’s continuing power: US constitutional law and historical memory 572
Aziz F. Rana
32 The politics of constitutional memory: mnemonic constitutionalism,
historical memory, and collective identity in Poland, Germany and Russia 593
Aleksandra Gliszczyńska-Grabias
33 Use, misuse and abuse of constitutional identity in Europe 612
Petra Bárd, Nóra Chronowski and Zoltán Fleck
34 Populist constitutional politics and civil society fundamentalism 635
Paul Blokker
35 Militant democracy: a friend or enemy of democratic backsliding? 659
Violeta Beširević
36 Hindu Zion: the politics of constitutional accommodation 675
Suryapratim Roy and Rahul Sambaraju
37 The politics of constitutional meltdown 696
Paul Craig
38 The paradox of evil law 711
Anna Lukina
Index
1 Introduction to the Research Handbook on the Politics of Constitutional Law 1
Mark Tushnet and Dimitry Kochenov
PART I FOUNDATIONS
2 The ideal of the rule of law and private power 14
Martin Krygier
3 The politics of legal ideology 30
Julie Novkov
4 Constitutionalism and behavioural concepts 46
Dariusz Adamski
5 Emotions in constitutional law 70
András Sajó
6 Popular sovereignty, constitutional democracy and the mental construal
of political representations 88
Zoran Oklopčić
7 Liminal rights: sovereignty, constitutions and borders 105
Audrey Macklin
8 Unrecognised entities: politics of constitutionalism at the fringes 128
Aistė Mickonytė and Benedikt C. Harzl
9 The politics of constitution making 143
Mark Tushnet
10 The constitutional politics of emergency powers 163
Victor V. Ramraj
11 Japan: a case against the amendment politics? 176
Tokujin Matsudaira
12 The politics of constitutional interpretation 199
Tamas Györfi
PART II STRUCTURES
13 The gradual creation of a Leviathan: Latin America’s main
constitutional failure 215
Roberto Gargarella
14 Constitutional politics of federalism in Latin America 228
Juan F. González Bertomeu
15 The rise and protection of judicial independence 246
Georg Vanberg, Benjamin Broman and Christopher Ritter
16 Politics of judicial governance 262
David Kosař and Katar’na Šipulová
17 The politics of judicial dialogue 286
David Law and Mark Tushnet
18 Republicanism redefined: the constitutional status of political parties
after the ratification of the twelfth amendment 310
Franita Tolson
19 Transatlantic ‘administrative constitutionalism’: New Deal models and
supranational governance in Europe Since the 1950s 329
Peter L. Lindseth
20 The politics of the constitutionalisation of corporate power in Europe 350
Jacquelyn D. Veraldi and Matthew R. Hassall
21 Advocates general and the court of justice: the early years 377
Margot Horspool
22 The neo-liberal bias of the EU constitutional order: a critical analysis 386
Bojan Bugaric
23 The politics of the constitutionalisation of international law: The United
Nations sovereign (in)equality of states, good neighbourliness and use of force 410
Elena Basheska
PART III RIGHTS
24 The politics of constitutional rights 432
Adam Chilton and Mila Versteeg
25 Pretext as a legal matter 453
Mariam Begadze
26 The constitutional politics of religion 467
Ioanna Tourkochoriti
27 The constitutional politics of merit 483
Sarah Ganty
28 Minorities: a view from South Asia 514
Kamala Sankaran
29 The politics of sexual identity and the emerging constitutional battles in Europe 533
Alina Tryfonidou
30 Abstract citizenship in the age of concrete human rights 551
Dimitry Kochenov
PART IV FUTURES
31 The cold war’s continuing power: US constitutional law and historical memory 572
Aziz F. Rana
32 The politics of constitutional memory: mnemonic constitutionalism,
historical memory, and collective identity in Poland, Germany and Russia 593
Aleksandra Gliszczyńska-Grabias
33 Use, misuse and abuse of constitutional identity in Europe 612
Petra Bárd, Nóra Chronowski and Zoltán Fleck
34 Populist constitutional politics and civil society fundamentalism 635
Paul Blokker
35 Militant democracy: a friend or enemy of democratic backsliding? 659
Violeta Beširević
36 Hindu Zion: the politics of constitutional accommodation 675
Suryapratim Roy and Rahul Sambaraju
37 The politics of constitutional meltdown 696
Paul Craig
38 The paradox of evil law 711
Anna Lukina
Index
